Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement and introduction of counter claim - Suit for partition - Amendment sought discloses necessary facts for proper adjudication of suit and to avoid multiplicity of litigations - More so, counter claim filed within 1 year and 4 months i.e. within prescribed period of 3 years from date of cause of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plea of plaintiff that they purchased suit property from original owner but name of legal heir of original owner is wrongly mutated in revenue record - Remark column of revenue record shows that legal heir of original owner sold suit property to defendants - Plaintiff filed suit belatedly after partition..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue regarding whether parties are co-owners/co-sharers or not is decided against plaintiffs in previous suit for permanent injunction - In previous judgment as well as in present litigation, there is proceedings for partition of property before competent authority and Court recorded finding in previous judgment..........
Civil Procedure Code, 1908, Section 96 -- Appeal by person not party to suit - Leave to appeal - Partition suit - Preliminary decree - Appellant is transferee pendente lite - He is in possession of suit property and is directly affected by preliminary decree passed in partition suit - Appellant held, permitted to file appeal against preliminary decree - Application for..........
Partition suit -- Plea of ouster - Defendant claims exclusive right over suit property by plea of ouster - However, documents produced by defendant have not disclosed his absolute ownership over suit property - Documents relied upon by defendant were not executed with knowledge of mother of plaintiffs and further more it was behind her back - Plea of ouster thus, negated..........
Will -- Cancellation of - Original suit was not a suit for partition but it was a suit for cancellation of disputed Will, therefore, Courts below were not required to ascertain shares of all parties...........
Civil Procedure Code, 1908, Order 11, Rule 12 -- Discovery of document - Maintainability - Suit for partition and separate possession - Plaintiffs filed suit claiming suit property as ancestral - It is their bounden duty to prove the same by adducing oral and documentary evidence - Admittedly, in present case trial has not begun - Therefore, no need to direct plaintiffs to..........
Civil Procedure Code, 1908, Order 11, Rule 12 -- Discovery of document - Maintainability - Suit for partition and separate possession - Defendants alleged that plaintiffs are in possession of original deeds but failed to file any material to the same - Fact that the suit property is ancestral and plaintiffs clearly stated that they are not in possession of said documents -..........
Partition suit -- Plea of adoption of plaintiff taken by defendant - Defendant contended that plaintiff not entitled to share of property, as he was given in adoption - However, defendant failed to discharge the burden of proof which heavily rested upon him in proving case of adoption of plaintiff - Since properties are joint family properties, plaintiff is entitled to..........
Civil Procedure Code, 1908, Order 20, Rule 18.S -- Partition suit - Final decree proceedings - Party who opposed partibility of estate and whose share is not determined in preliminary decree, cannot straight away apply for passing final decree without getting supplementary preliminary decree passed...........
